Terms of Use

Black Hedge, Inc.

Welcome! These Terms of Use ("Terms") are the agreement that governs how Black Hedge, Inc. ("BlackHedge", "us", "we", or "our") and you will treat each other when it comes to your access and use of our website, located at www.blackhedge.io ("Site"), our mobile applications, and other products and services provided by BlackHedge (collectively referred to as the "Services").

Our Services are not directed to persons under eighteen (18) years old. If you are under eighteen (18) years old, please do not use our Services. By using our Services: (a) you agree to be bound these Terms and our Privacy Policy; (b) you represent and warrant that you have the right, authority, and capacity to enter and abide by these Terms; and (c) you represent you are at least eighteen (18) years old. If you do not agree to these Terms and the Privacy Policy, do not access or use our Services.

Last Updates : 08/08/2022

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY

Your Access and Use of Our Services Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Pursuant to these Terms and other relevant BlackHedge policies, we grant you a non-exclusive, non transferable, nonsublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal use only. Using any of the Services or information provided for commercial uses is stric-tly prohibited. BlackHedge reserves the right to revoke permission to access and use our Services at any time.

NO WARRANTIES AND DISCLAIMERS THE SERVICES, THE INTERACTIVE AREAS, AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. BlackHedge, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY “BlackHedge” FOR THE PURPOSES OF THIS SECTION) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BlackHedge DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: 1) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, THE INTERACTIVE AREAS AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; 2) THIRD PARTY COMMUNICATIONS; 3) ANY THIRD PARTY WEB SERVICES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; 4) THE UNAVAILABILITY OF THESE SERVICES, THE INTERACTIVE AREAS, THE CONTENT OR ANY PORTION THEREOF; 5) YOUR USE OF THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT; 6) THE TIMELESSNESS, DELETION, MISS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING; OR 6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT. BlackHedge DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, AND ANY DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BlackHedge, ITS USERS, OR VISITORS, WHETHER MADE ON OUR SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY NEITHER BlackHedge NOR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY “BlackHedge” FOR THE PURPOSES OF THIS SECTION) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BlackHedge FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES.

INDEMNITY You agree to defend, indemnify, and hold BlackHedge, including our affiliates, subsidiaries, successors, and assigns, and each of their respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of and participation in the Services, including: (1) your breach of these Terms or the other documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through the Services or to us infringe or otherwise violate the copyright, trademark, trade secret, right of publicity or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Account Termination You understand and agree that BlackHedge may, under certain circumstances and without prior notice to you, terminate your access to and use of the Services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of copyrights or other intellectual property.

Privacy BlackHedge’s Privacy Policy explains how we treat your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that BlackHedge can use the data you provide in accordance with our Privacy Policy.

Security The security of information transmitted through the Internet can never be guaranteed. BlackHedge is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services. We expressly disclaim liability arising from the unauthorized use of your account. To protect you and your data, we may suspend your use of the Services, without notice, pending an investigation, if any breach of security is suspected.Should you suspect that any unauthorized party may be using your account, or you suspect any other breach of security, you agree to notify us immediately.

Miscellaneous • Entire Agreement: These Terms and any other policies posted on the Services constitute the entire agreement and supersede all other agreements between BlackHedge and you relating to this subject matter. • No Assignment: We may give our rights or our obligations under these Terms or Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or obligations under these Terms or our Privacy Policy without first getting our written consent. Any attempt to assign your rights or obligations without our written consent is void. • Governing Law and Jurisdiction: ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY DELAWARE LAW, EXCLUDING DELAWARE CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DOVER, DELAWARE (USA). YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS • Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect. • Survival: All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity, and limitations of liability. • No Waiver: BlackHedge will not be treated as having waived any rights by not exercising, (or delaying exercise of) any rights under these Terms. • Notices: You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. All official notices given by you or required from you under these Terms must be in writing and addressed to:Black Hedge, Inc.8 The Green, Ste A, Dover, DE 19901, USANotices provided without compliance with this subsection will have no legal effect.

Contact Us

If you have any questions, please contact us at:

Black Hedge, Inc.

8 The Green, Ste A, Dover, DE 19901, USA

[email protected]